India is country which is popularised for his diversified culture where all religious people live freely and peacefully. India is an eminent sphere in the world for his shloka “Vasudhaiva Kutumbakam” which mean that “the world is one family”. From the past, India was famous for accepting and treating others like its own family where majority are Hindu, but minority are also has a sizeable population, for example the people who follow jainism are about 6 to 7 million in population in the world and alone India has more than 3 million jains living population.
The preamble of the constitution, “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC]” where it is mention in the bold letter that India is secular country and we must admire it. Is India a secular country? As the country doesn’t signfy only state but also society. State can be religion neural but society can’t because every religion calls people to live their lives a certain way. Religions do not simply ask people to believe certain things but also to act in particular ways as a result of those beliefs.
Secularism concept has came from European country, where whole continent is divided by language, religion, ethinicity. From early centuries to post modern contemporary society government run on the basis of “raj dharma” which is superior to all the activities done by him and now the “constitution” is performing the responsibility of “raj dharma”. Government is continuously interfering into the matter of religious affairs of people in the country ex:- Punjabi suba movement to Shah Bano. Many government and parties are changed but no work on UCC has been done because if it came politics related to religion will over.
Under article 16 of the constitution where it is mention “Equality of opportunity in the matter of public employment” in this article Dalits are deprived of their right to religious freedom because if Dalit chooses Islam or Christianity then they will not get any reservation as the reservation criteria only include Hindus which are mention in article 25 (Sikh, jaina, buddhist) this is mention in para 3 of constitution order 1950. This is a discrimination against religion or not. If that person again change their religion to Hindu then again he will get reservation. Government has several time poke minority religion for there benefit of vote some are like
- CAA
- Babri masjid-Ram janmbhoomi mandir
- Anti Conversion laws
- Religious Riots (Gujarat riots 2002)
India is not a fully secular country as mention in the S.R. Bommai vs Union of India which puts secularism into basic structure doctorine of the constitution. As country in made of state and society, so only state representation as a secular entity doesn’t signifies the nature of country as a secular country. In preamble were it is mention that WE THE PEOPLE OF INDIA which tells India is going to be know from there people not from there government. Hence we can conclude that India is not a secular country but a quasi-secular country. The constitution makers not added secularism in the constitution but later on Indira Gandhi government by 42nd amendment brought secularism in the constitution. Our constitution at some point don’t want to discriminate on the basis of religion like [ Artcle 15 :- Prohibition of discrimination on ground of religion], [ Article 16(2) :- No citizen shall ineligible for employment on the ground of religion], then article 25, 26, 27 and 28 is fully dedicated to religious sentiments, in the country were religion is so paramount in the constitution then how that country be a secular country, where the major vote of politician is depend on theist people there policy are designed to favour majority of the religion and exclude minority.
Conclusion
In many case it is said that religion is our basic structure feature like in [Keshavananda Bharti vs State of kerala, S.R. Bommai vs Union of India, Indian young lawyer association vs state of kerala] and many more but it is only on paper not in reality. Because discrimination doesn’t bring true secularism in the country. Hence I conclude my statement by writing our country is not a fully privileged secular country but a quasi-secular country.
Author:- Adarsh Tripathi, a Student of Manikchand pahade law college, Sambhaji Nagar
